Attorney-General v Edmonds CA97/05

In Attorney-General v Edmonds, the Wellington City Council applied for leave to intervene in proceedings between the Attorney-General and the respondents, who are the successors of the person from whom certain land was acquired. The respondents sought relief under the Public Works Act 1981, which mandates the offer to sell land no longer required for public or essential work back to the original owner or their successor. The respondents sought a declaration that the Crown must offer them the land and damages. The High Court judge, Miller J, found in favour of the respondents and declared that the Crown is obliged to offer the land back. The respondents did not join the Council as a party in the High Court, although the Council was aware of the proceedings and has an equitable interest in the land in question. The Council now seeks to intervene in the appeal to the Court of Appeal.

The central legal issue in this case is whether the Wellington City Council should be permitted to intervene in the appeal under rule 48 of the Court of Appeal (Civil) Rules 2005. The respondents oppose the Council's intervention on the grounds that the Council had a deliberate tactical decision not to participate in the litigation, and there is no prejudice to the Council as it will still be able to acquire the land regardless of the outcome of the appeal. The respondents also argue that the Council's intervention will extend the hearing time beyond one day and risk the fixture.

The Court of Appeal considered the principles governing intervention under rule 48. They noted that the Council's interest in the appeal is both personal and tangible, given its equitable claim to the land. The Court found that the Council was a proper party to the litigation and should be given an opportunity to express its viewpoint on the appeal. The Court was concerned about the impact of the Council's participation on the scheduled hearing time. However, the Court accepted that the Council's participation could be limited to the filing of written submissions, which would significantly reduce the impact on the hearing time.

The Court of Appeal granted the Wellington City Council leave to intervene in the appeal to the extent that it may present written submissions in support of the appeal, to be filed and served on the other parties not later than 20 working days before the scheduled hearing on 21 February 2006. The Court did not make an order as to costs on the application.